JAGANATH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE above two connected appeals have been filed by co-accused persons in S.T. No. 540 of 1980, State v. Sompal Singh and others, decided by IInd Additional Sessions Judge, Budaun, vide his impugned judgment and order dated 12.10.1980 and hence both the appeals have been clubbed together and are being decided by this common judgment.

(2.) THE two appellants Jagan Nath Singh and Sabab Singh (in Criminal Appeal No. 2687 of 1982) and the three appellants Sompal Singh, Kunwar Pal Singh and Meharban Singh (in Criminal Appeal No. 2681 of 1982) have been convicted under Sections 302/149, 324/149 and 323/149, I.P.C. and they were sentenced to life imprisonment on the first count, one year R.I. on the second count and six months R.I. on the third count. Appellant Meharban Singh has been convicted under Section 147, I.P.C. with six months R.I. and rest of the appellants have also been convicted under Section 148, I.P.C. with one year R.I. All the appellants in the two appeals have questioned the correctness of their conviction and the aforesaid sentences.

(3.) THE medical examination report of Shankar Singh was conducted on 21.5.1980 at 10 p.m. and the doctor found following injuries on his body :